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Caption: Board of Trustees Minutes - 1956
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8o8 BOARD OF TRUSTEES [September 23 certain, that its ownership of a small portion of the property abutting on the south side of the street may be subject to an easement of ingress and egress claimed by certain owners of other property in the block lying immediately south of the portion of the street to be vacated. T h e University hopes to make arrangements with these property owners whereby they will release any possible easement over University property for ingress to or egress from their properties to Illinois Street by substituting a driveway giving them ingress and egress thereto from Goodwin Avenue for the passageway which some of them are now using. If such an arrangement can not be worked out with all of the property owners it may be necessary for the University to institute suit to ascertain whether their claim to an easement is valid and, if it is upheld by the courts, to then institute a proceeding to condemn it. P u r s u a n t to action taken by the Board of Trustees, the University has heretofore paid to the city that portion of the amount specified in the Ordinance, plus interest thereon, allocable to all of the property abutting upon the street in the block with the exception of that at 1208 and 1210 West Illinois Street. Because of an error made in calculating the value of the land in the street at the sum of $2.00 per square foot, the amount specified in the Ordinance is incorrect and should have been $52,243, and the payment heretofore made to the city was calculated upon the last mentioned and correct basis. T h e balance to be paid the city under the Ordinance is $6,444.07, plus interest from September 11, 1952. Representatives of the University's Physical Plant Department have discussed the vacation of the street with representatives of the interested public utility companies and have received verbal assurances that if any rerouting of utility lines in the area affected by the vacation made necessary by the University's use of the street as a portion of the site for the Biology Building is done at University expense, which is customary in situations of this nature, it is unlikely that any claims will be asserted against the city or the University as the result of the vacation of this block of Illinois Street by any of the public utility companies. Hence, it is not anticipated that the vacation will result in the assertion of claims for damages against the city or the University and, if any such claims are asserted, it is believed that suits upon them can be successfully defended. At any rate, it is necessary to file with the City Clerk the indemnity agreement specified in the Ordinance to render the vacation of the street effective so that the street can be used as a building site. The Director of the Physical Plant Department, the Legal Counsel, and the Comptroller recommend adoption of the following resolution: Resolution It is hereby resolved by this Board of Trustees of the University of Illinois that the Comptroller of the University be, and he is hereby authorized, to pay to the city of Urbana, Illinois, out of funds available therefor, the balance in the sum of $6,444.07 plus interest thereon from September 11, 1952, to the date of the payment thereof now remaining unpaid of the sum of $52,243.00, plus interest thereon provided in and by the Ordinance of said city, duly adopted by its City Council and approved by its Mayor on November 3, 1952, to be paid said city by the Board of Trustees of the University of Illinois as the present owner of all of the property abutting upon the block of Illinois Street between Mathews and Goodwin Avenues in said city on each side of said street in said block as compensation to said city equal to the benefits which will accrue to the Board of Trustees of the University of Illinois as the owner of said abutting property by reason of said vacation of said portion of said Illinois Street in accordance with the provisions of said Ordinance. It is further hereby resolved by this Board of Trustees that the Comptroller and Secretary of this Board be, and they are hereby, authorized and directed to execute, on behalf of the Board of Trustees of the University of Illinois, the latter's written undertaking, under its seal, covenanting, agreeing, and undertaking to forever indemnify the city of Urbana, Illinois, and hold it harmless against any and all claims which may be asserted against it by any of the public utility companies now maintaining public service facilities in the portion of Illinois Street in said city lying between Mathews and Goodwin Avenues therein on account of the vacation provided for in said Ordinance of said portion of
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